Z-0473.2  _______________________________________________

                          HOUSE BILL 1281

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State of Washington      54th Legislature     1995 Regular Session

By Representatives Ballasiotes, Blanton, Quall, Cole, Tokuda, Dickerson, Costa, Conway, Casada, Backlund, Johnson, Talcott and Huff; by request of Department of Corrections

Read first time 01/19/95.  Referred to Committee on Corrections.

Revising provisions relating to work ethic camps.

    AN ACT Relating to work ethic camps; amending RCW 9.94A.137; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 9.94A.137 and 1993 c 338 s 4 are each amended to read as follows:

    (1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender:

    (((a))) (i) Is sentenced to a term of total confinement of not less than ((twenty-two)) twenty months or more than thirty-six months;

    (((b))) (ii) Is ((between the ages of)) eighteen ((and twenty-eight)) years of age or older; and

    (((c))) (iii) Has no current or prior convictions for any sex offenses or for violent offenses.

The sentencing court may consider offenders eligible to be sentenced to a work ethic camp who are or have been convicted of manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance under RCW 69.50.401 after a complete review of their criminal history has been conducted and approved by the sentencing judge and upon further approval by the department of corrections in accordance with all other terms and conditions of this section.

(b) The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days.  Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.

    (2)(a) An offender is eligible to be sentenced to a modified work ethic camp if the offender:

(i) Is sentenced to a term of total confinement of not less than twelve months and a day or more than nineteen months;

(ii) Is eighteen years of age or older; and

(iii) Has no current or prior convictions for any sex offenses.

The sentencing court may consider offenders eligible to be sentenced to a modified work ethic camp who are or have been convicted of manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance under RCW 69.50.401 after a complete review of their criminal history has been conducted and approved by the sentencing judge and upon further approval by the department of corrections in accordance with all other terms and conditions of this section.

(b) The length of the modified work ethic camp program shall be at least sixty days and not more than seventy-five days.  Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.

(3) If the sentencing judge determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (((3))) (4) of this section, the judge shall impose a sentence within the standard range and may recommend that the offender serve the sentence at a work ethic camp.  The sentence shall provide that if the offender successfully completes the program, the department shall convert the period of work ethic camp confinement at the rate of one day of work ethic camp confinement to three days of total standard confinement.  The court shall also provide that upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement.  The department may identify offenders who are eligible for the work ethic camp and, with concurrence from the sentencing judge, may refer the offender to the work ethic camp and adjust time served and community custody requirements as prescribed in this section.

    (((3))) (4) The department shall place the offender in the work ethic camp program, subject to capacity, unless (a) the department determines that the offender has physical or mental impairments that would prevent participation and completion of the program, (b) the department determines that the offender's custody level prevents placement in the program, or (c) the offender refuses to agree to the terms and conditions of the program.

    (((4))) (5) An ((inmate)) offender who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time.

    (((5) The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days.  Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.))

    (6) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training.

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